200907561 - Laserfiche WebLink

Browse

2ooyo~5si WHEREAS, Tracts 1, 2, and 3 of the Land as described on Exhibit "A" attached hereto and attached to the Deed of Trust have been re-platted into Lots 1 and 2 of Cargill Addition; and WHEREAS, the parties hereto wish to amend the Deed of Trust to reflect the changes in the legal description of the Land due to such replatting and to add such easement interest in additional real estate to the legal description of the Land that is subject to the lien of the Deed of Trust. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. From and after the date of recording this First Amendment, the legal description of the Land in the Deed of Trust is hereby amended and restated in its entirety as set forth on Exhibit "A-1" attached hereto and incorporated herein by this reference. 2. All references in the Deed of Trust to (a) Tracts 1 and 2 are hereby amended to refer to Tract A, (b) Tract 3 are hereby amended to refer to Tract B, and (c) Tract 4 are hereby amended to refer to Tract B-1. 3. Notwithstanding the provisions of Section 1.01 of the Deed of Trust to the contrary, the Trustor, Trustee and Beneficiary acknowledge that Trustor has an easement interest in Tracts C and D, not fee simple title to Tracts C and D. 4. Except as specifically amended herein, the Deed of Trust shall remain in full force and effect as originally executed. 5. Each capitalized term used in this First Amendment and not otherwise defined herein shall have the meaning ascribed to such term in the Deed of Trust. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. This First Amendment shall be binding on the successors and assigns of the parties hereto. -No further text on this page- 2